Pran Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6281 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.45225/2021
                 Pran Singh vs. State of M.P.

Gwalior, Dated : 01.10.2021

       Shri D.R. Sharma, Counsel for the applicant through video

conferencing.

       Shri C.P. Singh, Panel Lawyer for the respondent/State.

Case diary is available.

This 11th application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 3.11.2016 in connection

with Crime No.498/2016 registered at Police Station Dehat, District

Ashoknagar for offence under Section 302 of IPC.

It is submitted by the counsel for the applicant that by order

dated 30.6.2021 the applicant was granted temporary bail for a period

of two months and he has surrendered thereafter. It is submitted that

the applicant was arrested on 3.11.2016 and still the trial is pending.

Although the previous bail applications have been dismissed on

merits but his prayer for temporary bail for a further period of 90 days

may be considered in the light of delay in trial. It is submitted that out

of 40 witnesses, only 25 witnesses have been examined so far. The

trial is likely to take sufficiently long time and there is no possibility

of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

THE HIGH COURT OF MADHYA PRADESH MCRC No.45225/2021 Pran Singh vs. State of M.P.

counsel for the respondent/State. However, it is fairly conceded that

the applicant is in jail from 3.11.2016 and the trial is still pending.

Considered the submissions made by the Counsel for the

parties.

The Supreme Court by order dated 23-3-2020 passed in the

case of IN RE : CONTAGION OF COVID 19 VIRUS IN

PRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed all the

States to constitute a High Powered Committee to consider the release

of prisoners in order to decongest the prisons. The Supreme Court

has observed as under :

"The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID - 19).

Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted

THE HIGH COURT OF MADHYA PRADESH MCRC No.45225/2021 Pran Singh vs. State of M.P.

for a lesser number of years than the maximum. It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate."

Considering the totality of the facts and circumstances of the

case as well as considering the fact that the applicant was granted

temporary bail and according to the counsel for the applicant he has

surrendered immediately after the period of temporary bail was over,

this Court is of the considered opinion that the applicant can be

granted temporary bail for a further period of 90 days specifically in

view of the fact that the prosecution could not conclude the trial even

within a period of five long years. It is directed that on furnishing the

personal bond in the sum of Rs. 1,00,000 (Rs. One Lac) with one

surety in the like amount, to the satisfaction of the Trial Court or

C.J.M. or Remand Magistrate (Whosoever is available), the applicant

be released on temporary bail for a period of 90 days from the date

of his release. The applicant shall also furnish an undertaking that he

shall surrender immediately after the period of temporary bail is

over, unless and until the period of temporary bail is extended by this

Court. He shall also furnish an undertaking before the Court, that he

THE HIGH COURT OF MADHYA PRADESH MCRC No.45225/2021 Pran Singh vs. State of M.P.

shall abide by all the instructions which may be issued by the Central

Govt./State Govt. or Local Administration for combating Covid19

from time to time.

The Supreme Court in the case of IN RE : CONTAGION OF

COVID 19 VIRUS IN PRISONS by order dated 7-4-2020 has

directed as under :

In these circumstances, we consider it appropriate to direct that Union of India shall ensure that all the prisoners having been released by the States/Union Territories are not left stranded and they are provided transportation to reach their homes or given the option to stay in temporary shelter homes for the period of lockdown. For this purpose, the Union of India may issue appropriate directions under the Disaster Management Act, 2005 or any other law for the time being in force. We further direct that the States/Union Territories shall ensure through Directors General of Police to provide safe transit to the prisoners who have been released so that they may reach their homes. They shall also be given an option for staying in temporary shelter homes during the period of lockdown.

Accordingly, it is directed that before releasing the

applicant, the jail authorities shall get the applicant examined by

a competent Doctor and if the Doctor is of the opinion that his

Corona Virus test is necessary, then the same shall be conducted.

If the applicant is not found suspected of Covid19 infection or if

his test report is negative, then the concerned local administration

shall make necessary arrangements for sending the applicant to

THE HIGH COURT OF MADHYA PRADESH MCRC No.45225/2021 Pran Singh vs. State of M.P.

his house as per the directions issued by the Supreme Court in the

case of IN RE : CONTAGION OF COVID 19 VIRUS IN

PRISONS (Supra) , and if he is found positive then the applicant

shall be immediately sent to concerning hospital for his treatment

as per medical norms. The applicant is further directed to strictly

follow all the instructions which may be issued by the Central

Govt./State Govt. or Local Administration for combating

Covid19. If it is found that the applicant has violated any of the

instructions (whether general or specific) issued by the Central

Govt./State Govt. or Local Administration, then this order shall

automatically lose its effect, and the Local Administration/Police

Authorities shall immediately take him in custody and would send

him to the same jail from where he was released. The applicant is

further directed to supply a copy of this bail order to the police

station having jurisdiction over his place of residence.

The other conditions of Section 437,439 Cr.P.C. shall remain

the same.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18.3.2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

THE HIGH COURT OF MADHYA PRADESH MCRC No.45225/2021 Pran Singh vs. State of M.P.

With aforesaid observations, the prayer for bail is rejected

however prayer for temporary bail is allowed.

                                                          (G.S. Ahluwalia)
(alok)                                                          Judge




ALOK KUMAR
2021.10.01 16:43:57 +05'30'